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The acknowledgement of the components of the offender’s personality by criminal law

Thesis

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Disciplines
KeywordsTriple Keywords
Personal identity
Personality theory
Personology
Personality traits
Traits, Personality
Personality
Personality psychology
Behavioral sciences
Social studies
Social science
Social sciences
Human sciences
Sciences, Social
Mental philosophy
Mind
Science, Mental
Psychology
Criminology
Crime--Study and teaching
Philosophy
Acts, Legislative
Legislative enactments
Laws (Statutes)
Enactments, Legislative
Legislative acts
Law
Justice
Injustice
Schooling
Instruction
Education of children
Human resource development
Children--Education
Students--Education
Youth--Education
Education
Pedagogy
Education, Primitive
Theater
Histrionics
Professional theater
Theatre
Dramatics
Stage
Dramatic works
Drama--Philosophy
Drama, Modern
Playscripts
Dramas
Drama
Plays
Judgement
Judgment
Belief and doubt
Conviction
Doubt
Ethics, Primitive
Science, Moral
Ethics
Deontology
Morality
Philosophy, Moral
Ethology
Moral philosophy
Morals

Abstract

The study of the offender’s personality falls first within the field of behavioral sciences, such as psychology, psychiatry, criminology or even philosophy. However, through the social defense movement, the criminal law field got more and more interested in the study. In criminal law, the offender is not seen as an abstract object anymore but is placed at the same level as the gravity of the offense considered. To do so, an in-depth knowledge of the personality is necessary, which has led to a close collaboration between criminal law and behavioral sciences. This study on the offender’s personality shows that contemporary criminal law is based on components of the personality. They are decisive to determine criminal responsibility and the criminal justice response to the offense. In practice, the use of the offender’s personality reflects the importance attached to it by lawmakers. For instance, at the instruction stage, a file on personality is made. This file is often used for the judgment and the determination of the sentence. However, some doubt remains regarding the means granted by the justice system to assess the offender’s personality. Regarding the components of the personality taken into account, they change throughout the criminal proceedings. They are grasped differently and by different people. It is clear that the components of the personality affect both the determination of criminal responsibility and the criminal justice response. First, it appears that the conditions governing criminal liability are affected by the offender’s personality whose file on personality is decisive. Those conditions governing criminal liability have been reviewed, which helped redefine the notion of guilt and the notion of imputability using the components of the offender’s personality. The two notions are also used for the legal entity, but it is established that the offender’s personality, as understood here, cannot be applied to it. Second, the study focuses on the criminal justice response to the offence committed. This stage is really important regarding the offender’s personality because the criminal justice response must adapt either to the gravity of the offense or to the offender’s personality. It is for the prosecutors and the judges to apply this principle of the individualization of the criminal justice response.

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